URGENT APPLICATION BY SANTRA AGAINST CITY OF JOHANNESBURG AND JMPD TO BE HEARD TOMORROW

26 November 2013

URGENT APPLICATION BY SANTRA AGAINST CITY OF JOHANNESBURG AND JMPD TO BE HEARD TOMORROW

1.       On Friday, 15 November 2014, the South African National Traders Association (“SANTRA”) issued, through its attorneys, Routledge Modise, an urgent application against the City of Johannesburg and the JMPD.

2.       The Urgent application has been opposed by the City of Johannesburg.

3.       By agreement between the parties, the urgent application was postponed to Tuesday, 26 November 2013 in order for the City to file an answering affidavit and for negotiations to ensue.

4.       Regrettably no resolution has been resolved by way of negotiation and on Saturday, 23 November 2013 the City filed its answering affidavit.

5.       The City’s answering affidavit did not respond to the substantive allegations made by the Informal Traders rather focusing on the urgency of the matter. The City in its papers has said that the matter is not urgent and should be dealt with on the normal court roll during the course of next year.

6.       SANTRA has filed a replying affidavit reasserting the urgency of the matter.

7.       The Urgent application will be heard at 10h00 on Tuesday, 26 November 2013 in the High Court of South Africa, Gauteng Local Division, Johannesburg. SANTRA will be looking for an Order in terms of which

7.1.    The City is interdicted from demolishing any further stalls.

7.2.    The City is compelled to allow informal traders who are lawfully entitled to trade:

(a)            to return to the areas previously allocated to them and from which they were removed; and

(b)           to continue trading in those areas.

7.3.    in respect of those traders whose stalls were demolished: the City is compelled to reinstate those stalls, or in the alternative, to allow those traders to return to the sites where the stalls were previously, and to continue trading on those sites; and

7.4.    pending the determination the review proceedings which are launched togetherr with the interdict, the City, through JMPD or otherwise is interdicted, from unlawfully interfering with the traders restored to trading in terms of paragraphs 3.2 and 3.3 above.

7.5.    The City is compelled to give reasons (which the City has refused to do) for its decisions:

7.5.1. to relocate informal traders to an unknown destination in an unspecified time-period; and

7.5.2. to prohibit or restrict trading in areas in the CBD which are currently demarcated for informal trading.

Yours faithfully

Michal Johnson

Pro Bono Attorney

Routledge Modise Inc.

Tel (27 11) 286 6900
Fax 086 674 6241

Direct (27 11) 523-6128

Email michalj@rmlaw.co.za

URGENT APPLICATION BROUGHT BY SANTRA AGAINST CITY OF JOHANNESBURG AND JMPD

URGENT APPLICATION BROUGHT BY SANTRA AGAINST CITY OF JOHANNESBURG AND JMPD

1. On Friday, 15 November 2014, the South African National Traders Association (“SANTRA”) issued, through its attorneys, Routledge Modise, an urgent application against the City of Johannesburg and the JMPD.

2. The urgent application is a result of the displacement of the Informal Traders within the City of Johannesburg.

3. The relief sought in the urgent application is two-part. The relief that is sought urgently and immediately is to:

3.1. interdict the City from demolishing any further stalls;

3.2. compel the City to allow informal traders who are lawfully entitled to trade: (a) to return to the areas previously allocated to them and from which they were removed; and (b) to continue trading in those areas.

3.3. in respect of those traders whose stalls were demolished: to compel City to reinstate those stalls, or in the alternative, to allow those traders to return to the sites where the stalls were previously, and to continue trading on those sites; and

3.4. pending the determination the review proceedings which are launched together with the interdict, to interdict City, through JMPD or otherwise, from unlawfully interfering with the traders restored to trading in terms of paragraphs 3.2 and 3.3 above.

3.5. Compel the City to give reasons (which the City has refused to do) for its decisions: (a) to relocate informal traders to an unknown destination in an unspecified time-period; and (b) to prohibit or restrict trading in areas in the CBD which are currently demarcated for informal trading.

4. A review has been launched together with the interim interdict. In it (and after the City has provided the reasons referred to in paragraph 3.5 above), SANTRA seeks to review the following decisions taken by the City:

4.1. to demolish existing stalls erected by the City for the use of informal traders and which have been leased by SANTRA’s members for that purpose;

4.2. to relocate informal traders from the Joburg CBD; and

4.3. to declare certain areas in the CBD restricted or prohibited for the purposes of informal trading.

5. The Urgent application has been opposed by the City of Johannesburg.

6. The Urgent application will be heard at 10h00 on Tuesday, 19 November 2013 in the High Court of South Africa, Gauteng Local Division, Johannesburg.

Dark side of city council clean sweep

Published in the Sunday Star

16 November 2013

In an opinion piece in Saturday Star of 9 November, Pressage Nyoni of the Trust for Urban Housing Finance (TUHF) rationalised the City of Johannesburg’s Operation Clean Sweep in terms of the ambition to be a ‘world class African city’. He defended the eviction of more than 4000 traders in terms of a need for the city to be an attractive and clean space for residents, visitors and investors. He wrote approvingly of Clean Sweep as a way to promote cleanliness, lower crime levels, stimulate inward investment, create pedestrian friendly environment, enhance the tourist experience, and more.

The piece made no reference however to the dark side of Clean Sweep – to the ways in which it has interrupted the livelihoods of thousands of people; damaged the informal sector which contributes so enormously to Johannesburg’s economy; stirred tension in the inner city; and violated the rights and dignity of many individuals. His argument played directly into the hands of critics who have long argued that the urban poor have no place in the City’s vision of a renewed and globally competitive inner city, and that property developers hold sway over inner city policy.

In responding to Nyoni we acknowledge that the City of Johannesburg has an extraordinarily complex task in managing the different imperatives of governance. The city administration does have to ensure that: order is maintained in the city; the health and safety of its residents is protected; investment is attracted to create much needed jobs; and, the administration remains fiscally sustainable. But, in doing all of this, it must fulfil its primary constitutional obligation to be ‘developmental’. It must accommodate and balance the needs and interests of a massively diverse population, giving special attention to the livelihoods and dignity of those who have been historically disadvantaged or who are currently marginalised in the city.

We have had close experience with local government and know that governance is often an unenviable burden. We also know that there is no other space in Johannesburg where it is more difficult to achieve balancing of different imperatives than the inner city which is truly a polyglot of interests, and a place of intense pressures and fluidity.

We are however profoundly disappointed with the actions taken in the name of Clean Sweep. To begin, Clean Sweep has subordinated the developmental imperative of local government to the apparently single-minded imperative of securing an orderly environment. We are in full agreement that the inner city must be properly managed, and that a grimy environment, and a deteriorating public infrastructure, is in no-one’s interest, but urban management must happen in a way that supports livelihoods, economy and personal dignity.

Secondly, the operations linked to Clean Sweep seem to have happened in the absence of a coherent plan for the future of the traders. What we have witnessed is muddled, ad hoc, and frequently excessive interventions by the JMPD which have targeted both non-registered and registered traders. There are current attempts to develop the plan ex post facto but it would have been immeasurably better for the plan to have preceded the operation, and to have been properly negotiated with the traders. The City does have a broader framework within which specific actions within the inner city should be placed. The Inner City Charter formulated in 2007 has been reworked into the Inner City Roadmap which is a positive statement of intent for transforming the inner city, acknowledging the multi-faceted nature of inner city challenges by offering five clear pillars for renewal (a well-governed inner city; a clean and safe inner city; a sustainable inner city; a productive inner city and an inclusive inner city).

Thirdly, we are concerned that Clean Sweep is likely to be counterproductive even in terms of its own narrow objectives. It may be intended to counter crime but by diminishing the livelihoods of large numbers of people, and by removing the surveillance and protection that comes with active streets, it could well end up exacerbating crime. It may help clean the pavements and streets of the inner city, but it is likely to displace traders into other areas as desperate people find spaces of survival wherever they can.

Clean Sweep may be part-driven by a desire to make inner city Johannesburg attractive to investors from outside but it has damaged a real existing economy of considerable size. Goods sold by informal traders in the inner city are sourced from many parts of Africa and Asia. They are sold to local consumers, to long-haul cross-border shoppers, and also to intermediaries who sell them elsewhere in Johannesburg, and in townships across South Africa. This informal trade is also closely linked to formal wholesale and retail, and to economic activity in the transport, storage and residential sectors. Preliminary research suggests that billions of Rands may be flowing into vibrant informal economies in the inner city, and that inner city Johannesburg may be Africa’s premier shopping hub.

This activity may need to be better regulated, and should contribute more to the national andlocal fiscus, but the disruption or even destruction of this economy through poorly informed interventions will come at great cost to the city.

Nyoni calls for us all ‘to be engaged in the clean-sweep programme’. We think not. Grand, quick-
fix interventions may seem attractive but they are also hugely risky, often counterproductive, and generally blunt instruments within a context of huge complexity. What is needed is a broad-based partnership in which sustained interventions to manage and develop the inner-city are negotiated and then implemented in a firm, fair and consistent way. This is what a world-class city would do.

Professor Philip Harrison

Dr. Sarah Charlton

Dr. Tanya Zack

The authors are academics in the School of Architecture and Planning but have had extensive experience within local government.

Creativity not crackdowns, cooperation not coercion

It has been reported that the recent crackdown on, amongst others, street traders in the inner city of Joburg is part of the implementation of the City of Johannesburg’s ‘Clean Sweep’ operation, announced by Mayor Parks Tau earlier in the month (The Star, 24 October 2013). The problem is that only one aspect of the ‘Clean Sweep’ initiative – law enforcement – is being implemented, creating the very real possibility that the current exercise will not be sustainable and will eventually fail.

The ‘Clean Sweep’ document of late 2012 lists a number of challenges facing the city, including:

·         Cleanliness levels – illegal dumping, littering and incorrect disposal of waste at incorrect locations (i.e. under bridges etc.)

·         Traffic congestion and traffic violations (parking on pavements, double parking etc)

·         Illegal trading also adding to congestion on the roads and pavements

·         Illegal connections (water and electricity)

·         Informal settlements

·         Invasion and hijacking of buildings

·         Unauthorised businesses (spazas, shebeens, salons, car repair yards etc, especially in designated residential areas)

·         Homeless people

·         Migration and influx management

·         Anti-social behaviour such as excessive noise, urinating in the street etc

·         Degradation of properties

·         Abandoned buildings and neglected empty plots

·         Overcrowding

·         Poor management of City properties and the general environment

·         Unacceptable levels of crime in some areas

Most people would agree that these challenges are real and pressing – the question is how to address them?

The document goes on to say:

‘As we move towards Joburg 2040, creative and innovative ways of addressing these challenges are required. It is clear that many of the old ways of doing things have not worked and this has led to the gradual decline of the Inner City. This is why there is a need for a ‘new broom’ for a ‘clean sweep’- a new approach which will enable us to make meaningful strides towards a resilient, sustainable and liveable city.”

Then, in a section headed ‘Preparing for a new strategic path’, the document proposes the following:

It is therefore hereby proposed that all relevant role players (Region F, CoJ Departments and relevant MOEs, as well as stakeholders in civil societyengage in workshops wherein a productive exchange of information and ideas will take place with the aim of addressing the above-stated challenges (my underlining).

Later on in the document, it is said that ‘the lack of economic opportunity, the extent of poverty and unemployment, the overcrowding and the chronic shortage of housing – these are directly linked to the current urban decay and the climate of lawlessness in the Inner City’.

What workshops in pursuance of the objectives set out above have taken place since the drafting of this document at the end of 2012? What efforts have been made to come up with ‘creative and innovative ways of addressing these challenges’? Where are the attempts to find alternatives to the ‘old way of doing things’? How does chasing people who are earning a living off the streets address ‘the extent of poverty and unemployment’, how does it create ‘economic opportunity’?

In 2009, the City of Johannesburg decided to ‘deal with’ the street trading ‘problem’ in Yeoville Bellevue by bringing in the JMPD for the month of October and chasing all the street traders off the streets. Although the JMPD were warned that this strategy would fail unless they were prepared to have officials on the streets beyond the end of the month of October, they went ahead. At the end of October, the JMPD left and the street traders returned en masse.

In 2010, an opportunity arose to negotiate a new solution in Yeoville Bellevue involving all stakeholders – the CoJ, market traders, street traders, formal business, property owners and community organisations. The CoJ unilaterally terminated the process before it had properly begun. An opportunity to find a ‘creative and innovative’ way of dealing with the socio-economic challenges embodied in the phenomenon of street trading was lost.

Today, the streets of Yeoville Bellevue are still filled with unmanaged street traders, who are ‘illegal’ in terms of the misguided ban on street trading in the neighbourhood. Are they the next to be chased off the streets in terms of the ‘Mayoral Clean Sweep’ operation?

I believe (and a proposal of mine along these lines called the Three-legged Pot Approach is included in the ‘Clean Sweep’ document) that the answer lies in

·         urgent, intensive and ongoing communication between the CoJ and all stakeholders (and not just street traders – they are only one of the many stakeholders)

·         an understanding of the socio-economic realities driving and growing street trading and the seeking of a sustainable solution which will allow street trading and other forms of informal trading in a managed way such that the anti-social aspects can be reduced, if not eliminated, and the positive economic benefits enhanced, and

·         law enforcement which must happen alongside these two important processes, not in place of them.

Well-managed street trading could be a fantastic asset to the city, creating jobs, livening up the streets, attracting domestic and international tourists. This is a reality in other countries. Why can it not be here?

The only way to resolve this and other issues bedevilling the inner city of Johannesburg is for the CoJ to remain true to its own resolve – to ‘engage in workshops’ with all stakeholders ‘with the aim of addressing the ….. challenges’. Such an approach is consistent with the CoJ’s own Growth and Development Strategy (GDS 2040) which states:

‘Sustained, regular and non-partisan participation in city development – by all types of city stakeholders – is important for building resilient governance, both within city governments, and within the regions that city boundaries frame. Participation builds trust, while deliberation contributes to the shared sense of understanding needed to mobilise and aid self-organisation across ward boundaries. Participation encourages the identification and sharing of diverse views, issues and interests, while deliberation allows for the exploration of different solutions, perceptions and explanations – without forcing consensus. Johannesburg’s current systems of participation are insufficiently participative or deliberative. There is a need to make this form participatory governance work more effectively, across all regions in the City, to build long-term sustainability and governance.’

The CoJ has, in its haste to implement only the law enforcement aspects of the ‘Clean Sweep’ document, missed an opportunity to put its own commitments to developing new ideas and effective participation into practise and, in so doing, has sabotaged its own objectives of building trust and understanding. You can see why they did it. Participation is hard work. Coming up with creative alternatives is difficult. Crackdowns and blitzes are easier. But that’s not the way to achieve the sustainability the CoJ calls for in the GDS 2040 document.

Meanwhile, entrepreneurial people are being denied the right and opportunity to make a living.

Maurice Smithers

Yeoville Bellevue Community Development Trust

ybcdt@yeoville.org.za

0823737705